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Torts/Personal Injury

Sep. 27, 2023

Airport noise is back in the news

One of the classic things that courts have used to restart any limitations period has been the level of noise produced. That is, a significant increase in noise (from larger, noisier aircraft) can be seen as a new incident, starting a new time period in which to sue.

Michael M. Berger

Senior Counsel
Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.

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I have always had a soft spot for litigation between airports and their neighbors –at least since I published my LL.M. thesis titled “Nobody Loves an Airport,” 43 So. Calif. L. Rev. 631 (1970), 53 years ago.

One of the intriguing things about the common law has been its ability to adapt to changing conditions. As the California Supreme Court put it when analyzing the impact of modern airport operations on neighb...

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